This Hornbook is a handy, streamlined one-volume abridgement of Schoenbaum's comprehensive Practitioners' treatise on Admiralty and Maritime Law. The Hornbook covers the essential topics of jurisdiction, admiralty rules and practice, maritime torts, seamen's remedies, maritime workers' compensation, carriage of goods by sea in international trade, charter parties, towage, pilotage, salvage, collision and limitation of liability. Ideal for students and those wanting an introduction to this important field of law, this book places emphasis on the international aspects of maritime law. For this edition the author has reorganized and rewritten most of the sections as well as added important new sections. Every effort was made to analyze and cite every new and recent case on admiralty law up to the time of publication. This work in generally regarded as the definitive academic work on admiralty and maritime law. (source: Nielsen Book Data) 9781634596886 20181210

This text provides a reader-friendly, accessible overview of unincorporated business associations. While emphasizing the doctrinal issues taught in today's unincorporated business associations classes, it places significant emphasis on economic analysis of the major issues in that course. The third edition has been comprehensively updated. It includes extensive new treatment of the now final Restatement (Third) of Agency and amendments to the various uniform acts governing unincorporated business associations. The coverage has been expanded to include additional topics, especially in the chapter on limited liability companies, so as to reflect their continually growing popularity as a choice of form for small businesses. Among these new topics are extended coverage of the Restatement (Third) of Agency and the 2013 versions of the Uniform Partnership Act and the Uniform Limited Liability Company Act. (source: Nielsen Book Data) 9781640203891 20181227

6. The Jones Act and the long path to collective naturalization; Conclusion.

"This book tells the story of "almost citizens"-the people of Puerto Rico who were deemed neither citizens nor aliens, and who lived in a land deemed neither foreign nor domestic. For them, citizenship functioned like terrain during war. It was a prize to be won and a field of battle, whose strategic value shifted as the fight developed. This book follows the debates about the U.S. Constitution that swirled about them. It tends to the voices of federal judges and elected officials, but also follows Puerto Rican politicians, labor organizers, litigants, lawyers, administrators of government agencies, and journalists in Puerto Rico and on the mainland. People in all of these groups had a view of what citizenship should look like, and the idea of citizenship took shape and changed only as they advanced their sometimes competing concepts in media, law, and bureaucratic maneuvers. The story begins at the very end of the nineteenth century as annexation of the islands that comprise Puerto Rico, Hawaii, Guam, American Samoa, and the Philippines was bringing millions of people of African, Asian, and indigenous Pacific Island descent under U.S. control. Would these people become U.S. citizens and, if so, what would that citizenship mean? Citizenship at this time did not always or automatically guarantee full rights to participate in public life. Though women were undoubtedly citizens, only four states accorded them suffrage on an equal basis with men. Southern states were driving African American citizens from the ballot box and the public sphere. Among many other examples, Mexican American and Chinese American children were often required to attend segregated schools. Most of those whose rights were thus constrained were nonetheless deemed "Americans"-- Provided by publisher.

The foundations of the analogy between states and international organizations

Structural differences between states and international organizations

International organizations as special subjects

International organizations as layered subjects

Analogy in the relations between organizations and members

Normative contestation of the analogy.

The book investigates how an analogy between States and international organizations has influenced and supported the development of the law that applies to intergovernmental institutions on the international plane. That is best illustrated by the work of the International Law Commission on the treaties and responsibility of international organizations, where the Commission for the most part extended to organizations rules that had been originally devised for States. Revisiting those codification projects while also looking into other areas, the book reflects on how techniques of legal reasoning can be - and have been - used by international institutions and the legal profession to tackle situations of uncertainty, and discusses the elusive position that international organizations occupy in the international legal system. By cutting across some foundational topics of the discipline, the book makes a substantive contribution to the literature on subjects and sources of international law.

This volume of Annotated Legal Documents on Islam in Europe covers Norway and consists of an annotated collection of legal documents affecting the status of Islam and Muslims. The legal texts are published in the original Norwegian language while the annotations and supporting material are in English. By legal documents are meant the texts of legislation, including relevant secondary legislation, as well as significant court decisions. Each legal text is preceded by an introduction describing the historical, political and legal circumstances of its adoption, plus a short paragraph summarising its content. The focus of the collection is on the religious dimensions of being Muslim in Europe, i.e. on individuals' access to practise their religious obligations and on the ability to organise and manifest their religious life.

Athenian Law and Society focuses upon the intersection of law and society in classical Athens, in relation to topics like politics, class, ability, masculinity, femininity, gender studies, economics, citizenship, slavery, crime, and violence. The book explores the circumstances and broader context which led to the establishment of the laws of Athens, and how these laws influenced the lives and action of Athenian citizens, by examining a wide range of sources from classical and late antique history and literature. Kapparis also explores later literature on Athenian law from the Renaissance up to the 20th and 21st centuries, examining the long-lasting impact of the world's first democracy. Athenian Law and Society is a study of the intersection between law and society in classical Athens that has a wide range of applications to study of the Athenian polis, as well as law, democracy, and politics in both classical and more modern settings. (source: Nielsen Book Data) 9781472449184 20190218

Automatism is a notoriously difficult subject for law students, lawyers and judges. This book explores the science and medicine of sleep disorders and examines how the criminal process deals with such disorders when presented as a defence. It systematically examines the legal doctrines involved, and their implications for the use of the evidence key to establishing automatism, while also exploring the medical conditions that can cause automatism (particularly epilepsy, sleepwalking and diabetes). This book is a valuable resource for law students, lawyers, judges and expert witnesses. (source: Nielsen Book Data) 9781138701632 20190206

"The difference between your success and failure is you. Success is not about your degrees or technical skills. It has nothing to do with law at all. A successful professional masters concepts and behaviors not taught in law school or practice. This guide will help you see the profession and what is required to succeed in a new light. Whether you are a new or more seasoned professional, [this book] will help you define and develop your professional persona and become the best legal professional you can be."-- Provided by publisher.

California administrative law research can baffle new associates and experienced librarians alike. Sources are scattered across websites, print, and microfiche, with many major sources available only by contacting the state archives or finding a library with enough foresight to purchase duplicate print copies. Publications disappear and reappear and change names and formats with dizzying frequency, usually due to short-term political scuffles rather than careful long-term planning. This guide aims to cut through the chaos by providing background and practical tips for researching California administrative law. Part II provides an overview of the history of California administrative law, emphasizing the legislative reforms and political struggles that have shaped the rulemaking and administrative adjudication processes. Part III explains how to access and use current California regulations. Part IV explains how regulations are made, how to track proposed regulations, and how to perform regulatory histories. Part V describes how to locate other types of administrative materials, with an emphasis on administrative decisions. Finally, Part VI provides a bibliography of additional materials both for those seeking more in-depth information on specific areas of California administrative law and for those seeking more basic introductions to administrative law research. Whatever the project, this guide seeks to provide readers with the necessary resources and background and to walk readers through the research process step-by-step.--Publisher.

2. The stories behind the cases: the Bhopal disaster, the devastation of the Ecuadorian Amazon, and the abuse and murder of Dr Kiobel;

3. The problem of the missing forum;

4. The business case for the ICCJ;

5. Institutional and procedural features of an ICCJ; Conclusion.

"When multinational corporations cause mass harms to lives, livelihoods, and the environment in developing countries, it is nearly impossible for victims to find a court that can and will issue an enforceable judgment. In this work, Professor Maya Steinitz presents a detailed rationale for the creation of an International Court of Civil Justice (ICCJ) to hear such transnational mass tort cases. The world's legal systems were not designed to solve these kinds of complex transnational disputes, and the absence of mechanisms to ensure coordination means that victims try, but fail, to find justice in country after country, court after court. The Case for an International Court of Civil Justice explains how an ICCJ would provide victims with access to justice and corporate defendants with a non-corrupt forum and an end to the cost and uncertainty of unending litigation - more efficiently resolving the most complicated types of civil litigation"-- Provided by publisher.

Child soldiering global perspectives and in the Democratic Republic of Congo

Reintegrating and healing child soldiers

Child protection and accountability

Restorative justice in theory

An integrative approach to child soldiering accountability

Transitional justice from an African perspective

Research design and methodology

Diagnosing the problem : perspectives from the field

Accountability and reintegration of child soldiers via Baraza

Restorative justice peacemaking circles and child soldiering

Preventing child soldiering

Conclusion and recommendation.

This book investigates how, while children used as soldiers are primarily perceived as victims of offences against international law, they also commit war atrocities. In the aftermath of armed conflict, the mainstream justice system targets warlords internationally, armed groups and militias' commanders who abduct and enrol children as combatants, leaving child perpetrators not being held accountable for their alleged gross human rights violations. Attempts to prosecute child soldiers through the mainstream justice system have resulted in child rights abuses. Where no accountability measures have been taken, demobilised young soldiers have experienced rejection, and eventually, some have returned to soldiering. This research provides evidence of the potential of restorative justice peacemaking circles and locally-based jurisprudence - specifically the Baraza - to hold former child soldiers accountable and facilitate their reintegration into society. (source: Nielsen Book Data) 9783319900704 20181119

The romance of "three constitutional kingdoms" : who will unify the world?

Implications for the world.

Over the course of the last four decades as China's ideological realm has been transformed, it has become significantly more complicated. This is well illustrated in the current discourse concerning China's constitutional future. Among Chinese intellectuals the liberal constitutionalism paradigm is widely accepted. However, more recently, this perspective has been challenged by mainland New Confucians and Sinicized Marxists alike. The former advocate a constitutionalism that is based upon and loyal to the Confucian tradition; while the latter has sought to theorize the current Chinese constitutional order and reclaim its legitimacy. This book presents a discussion of these three approaches, analyzing their respective strengths and weaknesses, and looking to the likely outcome. The study provides a clear picture of the current ideological debates in China, while developing a platform for the three schools and their respective constituencies to engage in dialogue, pluralize the conceptions of constitutionalism in academia, and shed light on the political path of China in the 21st Century. The consequences of this Chinese contribution to the global constitutionalism debate are significant. Notions of the meaning of democratic organization, of the nature of the division of authority between administrative and political organs, of the nature and role of political citizenship, of the construction of rights are all implicated. It is argued that China's constitutional system, when fully theorized and embedded within the global discourse might serve, as the German Basic Law did in its time, as a model for states seeking an alternative approach to the legitimate construction of state, political structures and institutions. (source: Nielsen Book Data) 9781409454106 20190114

Contents and Abstracts1Two Legal Traditions chapter abstractA legal tradition is a set of deeply rooted and historically conditioned attitudes about the law. The civil law tradition is the oldest and most widespread legal tradition of the world.

2Roman Civil Law, Canon Law, and Commercial Law chapter abstractThe oldest layer of the civil law tradition is the Roman law developed beginning in the fifth century BC, which flourished between the first and third centuries BC. Two other layers are canon law, developed by the Catholic Church for the governance of the faithful and of the church itself, and the commercial law developed by the Italian merchant guilds in late medieval times.

3The Revolution chapter abstractThe French Revolution provided many of the ideas of the present-day civil law tradition: the rationalization of law, its association with the state, the equality of citizens, and the importance of rights were key aspects of the French Revolution, and they are still at the center of the civil law tradition conception of law.

4The Sources of Law chapter abstractThe strengthening of nation-states in Europe and the generalization of the separation of government branches promoted the idea that the law was associated with statutes and that these were the main source of law.

5Codes and Codification chapter abstractThe codification of law has been perceived as a typical character of the legal systems of the civil law tradition. Nevertheless, codes exist in common law jurisdictions, and some civil law countries have not codified their law. The difference is that codes play a central role in civil law countries, while they have a modest place in a country like the United States.

6Judges chapter abstractContrary to the common law tradition, in which judges have a central role, judges in the civil law tradition are conceived of as civil servants whose role is to apply the legislation in a mechanical way. This conception has been contested by scholarship, and the increased importance of constitutions and constitutional review has strengthened judges' role.

7The Interpretation of Statutes chapter abstractCodes and legislation are supposed to be clear and unambiguous so as to provide an easy resolution of cases before judges. In practice, things are more complex, and judges and other readers need to "interpret" the legislation. Initially, judges were denied this power, and interpretation rested with the legislature itself and special bodies in the legislative branch, such as the Cour de Cassation in France. In general, scholars today recognize that judges interpret the law and that there is little difference in this regard between the civil law and the common law traditions.

8Certainty and Equity chapter abstractIn the civil law tradition, legal certainty is a supreme value, which gives a certain rigidity to the legal systems within this tradition. The concept of equity is a way of giving flexibility to judges, but equity has a very limited place in the civil law tradition. This is another reason for the reduced role of judges in this tradition.

9Scholars and Legal Education chapter abstractUnlike the common law, in which judges have a central role, the central figure in the civil law tradition is the professor-scholar. These scholars are responsible for elaboration of codes and legislation and are considered the most authoritative figures for interpretation of these legal documents. In this respect, the civil and common law traditions are increasingly similar. In the common law countries, scholars have played a more prominent role as law schools in United States and other common law countries have been strengthened.

10Legal Science chapter abstractIn nineteenth-century Germany, scholars developed "legal science": an elaboration of concepts and principles starting from positive legal rules. This innovation was quickly accepted in other civil law countries, even if there has been persistent resistance for those who look to interests and the social and economic context of law.

11The General Part chapter abstractThere is a set of general concepts built by legal scholars that can appear in the preliminary part of the civil code and are considered general principles of law. The central idea is that the law is composed of norms, and norms established by the state are the only true law (or "positive law"), but there are principles that are supposed to apply to the construction and interpretation of norms that are beyond the reach of legislators.

12The Legal Process chapter abstractA common perception of the legal process in the civil law countries is that legal scholars take care of the systematic statement of law and that legislators, inspired by them, improve the legislation to make it gapless and logical consistent. Judges' role is the mechanical application of law. In practice, things are more complex. Legal scholars have different viewpoints, and legislation tries to respond to policy issues. Judges are more important than accepted by the model. Many scholars are critical of this way of thinking the legal process and have introduced economic, social, and policy considerations in the analysis of law, but the traditional "dogmatic" way of thinking of the law persists in most law schools.

13The Division of Jurisdiction chapter abstractWhile in the common law countries the courts tend to have jurisdiction over all law fields, in the civil law countries there is a set of administrative and constitutional courts separated from the courts of general jurisdiction. The reason is a very rigid idea of separation of the different branches of public power.

14Legal Categories chapter abstractThe distinction between private law and public law is considered fundamental in the civil law tradition. Private law regulates the relation among citizens: the state establishes the general rules and is the arbiter or adjudicator in their conflicts. In the public law, the state is a party. Principles, rules, and jurisdictions are supposed to be different. In practice, things are more complex, and the distinction-or more generally the distinction between branches of law-is less important in present-day legal scholarship.

15The Legal Professions chapter abstractCivil law professionals have specialized careers. After law school, they have to choose which additional training they will receive to become judges, prosecutors, advocates, notaries, and so on. Within each career path there is frequently vertical advancement, but horizontal mobility is infrequent.

16Civil Procedure chapter abstractThe typical civil proceeding in a civil law country is actually a series of isolated meetings and written communications between counsel and the judge, in which evidence is introduced, testimony is given, and procedural motions and rulings are made. There is no trial in the sense known in the common law. Appeals are frequent, and appellate judges have the power to reanalyze evidence.

17Criminal Procedure chapter abstractThe traditional type of criminal procedure in the civil law countries is "inquisitorial" in the sense that the judge had to look for the truth, or the elements required for conviction. The common law criminal procedure is considered "accusatorial" in the sense that accuser or prosecutor has a central role, as well as defender. The judge moderates the debate, hears the parties, and instructs the jury. More recent changes in criminal law procedure incorporate many elements of the accusatorial style, including the plea bargain, a negotiation between prosecutor and defender to accelerate the procedure in exchange for leniency.

18Constitutional Review chapter abstractThe civil law countries are moving away from the idea of legislative supremacy and the subdued role of judges. First, the need to control the public administration led to the role of an administrative justice. Later, the conviction that the constitution should not be modified by legislation led to constitutional review. Some civil law countries, following the example of the United States, rest the power of constitutional review in the Supreme Court, while other countries have preferred to create a special constitutional court.

19Perspectives chapter abstractThe civil law tradition offers important variations from country to country, much of which are related to different national political, cultural, and economic histories. The civil law tradition is also constantly changing not only because of the pressure of external forces but also because of the constant criticism of its own scholars.

20The Future of the Civil Law Tradition chapter abstractTraditions change, including those of the civil law. In our time the loss of the importance of codes (decodification) and the increase in special legislation and judge-made law are visible. Also evident is the increased importance of the constitution and constitutional courts and judges. Finally, there is a tendency toward strengthening international courts and fora. In Europe this tendency has taken the form of a federalization.

(source: Nielsen Book Data)

Designed for the general reader and students of law, this is a concise history and analysis of the civil law tradition, which is dominant in most of Europe, all of Latin America, and many parts of Asia, Africa, and the Middle East. The fourth edition is fully updated to include the latest developments in the field and to correct and update historical details gleaned from newly-published research on Roman and Medieval law. In the past ten years, the legal profession has changed radically, with the growing international ubiquity of large law firms operating across borders (which was previously a uniquely American phenomenon). This new edition updates the book from the post-Soviet era to ongoing current issues, including Brexit and the status of the European Union. It discusses how civil law codes have shifted in some countries to adapt to modern and changing ideologies and also includes brand-new material on legal education, which is of central importance to the legal profession today. (source: Nielsen Book Data) 9781503607545 20190128

Controversy surronding the use of the same neutral (arb)-med-arb : advantages and concerns associated with the practice

Influence of practitioners' legal culture on their perception and use of the same neutral (arb)-med-arb

Results of an empirical study of the use of mediation and arbitration in combination

Involvement of different neutrals in combinations as a way to address concerns associated with the same neutral (arb)-med-arb

Procedural modifications of the same neutral (arb)-med-arb as a way to address concerns associated with the process

Safeguards for using the same neutral (arb)-med-arb as a way to address concerns associated with the process

Initiatives to enhance the use of the same neutral (arb)-med-arb and other combinations in international commercial dispute resolution.

Securing fast, inexpensive, and enforceable redress is vital for the development of international commerce. In a changing international commercial dispute resolution landscape, the combined use of mediation and arbitration has emerged as a dispute resolution approach which offers these benefits. However, to date there has been little agreement on several aspects of the combined use of processes, which the literature often explains by reference to the practitioner's legal culture, and there is debate as to how appropriate it is for the same neutral to conduct both mediation and arbitration. Identifying the main ways of addressing concerns associated with the same neutral conducting both mediation and arbitration (same neutral (arb)-med-arb), this book examines how effectively these methods achieve the goal of fast, inexpensive, and enforceable dispute resolution, evaluating to what extent the perception and use of the same neutral (arb)-med-arb depends on the practitioner's legal culture, arguing that this is not a `one-size-fits-all' process. Presenting an empirical study of the combined use of mediation and arbitration in international commercial dispute resolution, this book synthesises existing ways of addressing concerns associated with the same neutral (arb)-med-arb to provide recommendations on how to enhance the use of combinations in the future. (source: Nielsen Book Data) 9781138478404 20181217